BALLY TOTAL FITNESS CORP. v. JACKSON

No. 04-98-00834-CV.

2 S.W.3d 327 (1999)

BALLY TOTAL FITNESS CORPORATION, f/k/a Health & Tennis Corporation of America, Appellant, v. Keith JACKSON and Freddy Mack, Individually and on Behalf of All Others Similarly Situated, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled August 25, 1999.


Attorney(s) appearing for the Case

Sharon E. Callaway, Thomas H. Crofts, Jr., Crofts, Callaway & Jefferson, P.C., Ricardo G. Cedillo, Susan G. Gray, Davis, Adami & Cedillo, Inc., Keith E, Kaiser, John T. Reynolds, Cox & Smith Incorporated, San Antonio, for appellant.

Barry Snell, Bayne, Snell & Krause, L.L.P., San Antonio, for appellee.

Before ALMA L. LOPEZ, Justice, CATHERINE STONE, Justice and KAREN ANGELINI, Justice.


OPINION

Opinion by: ALMA L. L6PEZ, Justice.

This is an interlocutory appeal of three court orders, one granting plaintiffs' partial summary judgment on liability, and two orders denying Bally's motions (one oral and one written) to decertify the class. The appellees moved for dismissal on the grounds that none of these orders are final or interlocutory appealable orders. We agree and grant the motion to dismiss.

Factual Background

In 1995...

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